The statute includes deterioration that results from the intended use of the dwelling.
Those causes are expressly excluded from the statutory definition.
Section 92.104(b) directly prohibits retaining deposit money for normal wear and tear.
The statutory test matters more than a generic fee schedule
A property’s move-out charge sheet can be useful evidence, but the Texas statutory definition still matters when a security-deposit deduction is for condition-related damage. Compare what actually happened to the unit with the statutory distinction between intended-use deterioration and tenant-caused damage.
Useful proof
- Move-in photos showing pre-existing wear.
- Move-out photos showing the actual condition.
- Maintenance requests showing age-related failures.
- Evidence of the item’s age or prior condition.
- Any explanation connecting the charge to a specific act or damage event.
Official sources
Use these links to verify the rule directly. RentBillCheck prioritizes Texas statutes and state-agency materials over secondary summaries.
Primary definition of normal wear and tear for Texas residential tenancies.
Texas Constitution and StatutesTexas Property Code § 92.104 — Retention of Security Deposit; Accounting ↗Primary rules for lawful deductions, normal wear and tear, and written itemization when a landlord retains deposit money.
Office of the Attorney General of TexasRenter’s Rights ↗Official Texas consumer guidance summarizing deposits, itemized deductions, normal wear and tear and forwarding-address issues.